CHECK OUT OUR TERMS OF SERVICE

Terms of service

Software developed by CHECKLIST FÁCIL SISTEMA LTDA., Limited liability company, headquartered in the city of Florianópolis, State of Santa Catarina, at Rodovia José Carlos Daux, nº 8.600, room 10, Santo Antônio de Lisboa, Florianópolis / SC, CEP 88050-001, registered with CNPJ / MF number 04.906.685 / 0001-90.

Thank you for using the Checklist Fácil. By using our services, you are agreeing to these terms. Read them carefully.

We ask that you read carefully, remove all your doubts, as you will enter into a binding contract with CHECKLIST FÁCIL SISTEMA LTDA. If you do not agree or cannot comply with the provisions of this document, you must not use the software. If you agree with the terms, thank you for choosing CHECKLIST FÁCIL SISTEMA LTDA. We warn that, for some situations, we will need your consent.

To use the services of CHECKLIST FÁCIL SISTEMA LTDA., You must (1) have the power to enter into a binding contract with us and not be prevented from doing so by any law, and (2) be a resident of a country where the Service is available.

HOW TO USE OUR SERVICES

Checklist Fácil is a software for companies that use checklists and action plans in audits or inspections in processes, stores, factories, vehicles, people, equipment, and environments.

Use of our services does not give you intellectual property rights in the software or the content you access. You may not use content from our Services unless you obtain permission from the owner of such content or do so in a manner permitted by law. These terms do not give you the right to use any marks or logos used in our Services. Do not remove, hide or alter any legal notices displayed on or next to our Services.

As a user of our services, we may send you announcements of features and conditions of service, administrative messages and other information of an institutional or technical nature. We respect your privacy and, at any time, you can disable some of these communications by contacting our privacy team: privacidade@checklistfacil.com.

YOUR ACCOUNT

You will need to create an account to use our services, as detailed below.

To protect your account, you, as a user, must keep your password confidential. The activity performed on or through the account is your responsibility as a user. We do not recommend that the account password be reused in other applications. If you become aware of unauthorized use of your password or account, change your password.

As a user, you agree to use the software only as provided in these Terms of Use. You also agree not to use the software in any way that conflicts with the law. By way of example, and not limitation, you agree NOT to:

(i) posting content or items in inappropriate categories or areas on our website and services; (ii) violate the laws, the rights of third parties or our internal policies; (iii) posting false, inaccurate, misleading, defamatory, or offensive content against the software or any user; (iv) distribute or post unsolicited spam, or mass electronic communications, chains or pyramid schemes; (v) distribute viruses or any other technologies that could harm the software; (vi) attempt to modify, translate, adapt, modify, decompile, disassemble or reverse engineer any software program used in connection with the Checklist Fácil; (vii) copy, modify or distribute rights or content of the software and/or copyrights and trademarks of the company; and (viii) collect and/or share any information about other Users without their consent.

REGISTER

To take advantage of CHECKLIST FÁCIL SISTEMA LTDA. Services, the company will need to register with the software.

The services are provided by CHECKLIST FÁCIL SISTEMA LTDA. follow licensing rules that may vary between free and paid modalities, according to the plan chosen by the Company, which must access our website to obtain information about the plans available and their functionalities and values. The plans may be changed at the discretion of CHECKLIST FÁCIL SISTEMA LTDA.

If there is a default of any monthly fee, the company will have its access to the software suspended, until the situation is regularized, without this implying any indemnification by CHECKLIST FÁCIL SISTEMA LTDA. for losses generated to this.

We clarify that, during the execution of tests or updates in the system, one or more functionalities may be unavailable. We work to keep service interruptions as short as possible. We count on your understanding.

When contracting our services, the CONTRACTING COMPANY can also create authorized user accounts for its employees to log in and use the services of CHECKLIST FÁCIL SISTEMA LTDA., Through the appropriate interfaces. All employees registered by the Company are also obligatorily bound by these Terms of Use and the Privacy Notice.

By registering, the company agrees and declares that:

1 – You will not register and/or use the services of CHECKLIST FÁCIL SISTEMA LTDA. for any purpose other than that described in these Terms and the chosen plan;
2 – You are responsible for ensuring that the processing of user data at CHECKLIST FÁCIL SISTEMA LTDA. is done following the necessary regulations and law, including for the exclusion and export of data;
3 – Assumes total and exclusive responsibility in assigning individual and duly authorized accounts of collaborating users, being the sole responsible for any losses caused by users due to data leakage, access and misuse of information, sharing without prior authorization, inaccuracy of information, etc;
4 – You will not share any confidential information obtained through the software, under penalty of a fine in the amount to be defined according to the direct damages suffered by CHECKLIST FÁCIL SISTEMA LTDA., Without prejudice to the other indemnities charged in court;
5 – The information provided during the registration process, detailed in the Privacy Notice, is true, accurate, current and complete;
6 – You are required to periodically review and update your registration data to ensure that they are always up to date and correct.

PROTECTION TO PRIVACY, PERSONAL DATA AND COPYRIGHT

The Privacy Notice of CHECKLIST FÁCIL SISTEMA LTDA. explains how we treat your data and protect your privacy when you use our services. By using them, you agree that CHECKLIST FÁCIL SISTEMA LTDA. you can process this data following our Privacy Notice, to achieve the provision of services and/or delivery of the product in its entirety or in the best possible way.

In line with the Brazilian legislation applicable to the protection of personal data, especially Law 13.709 / 2018 – General Data Protection Law (GDPL), CHECKLIST FÁCIL SISTEMA LTDA. will use reasonable means of information security that are within its power to guarantee a safe and adequate treatment of personal data.

CHECKLIST FÁCIL SISTEMA LTDA. implement technical and managerial, preventive, and responsive security measures to mitigate risks related to data breaches, however, it cannot be held responsible for situations beyond its reach, such as the user’s negligence with personal data, in particular, with your access credentials.

When making use of personal data by CHECKLIST FÁCIL SISTEMA LTDA. Products and services, the User undertakes to inform only true and lawfully obtained data. In case of any non-compliance with the provisions of these Terms, the user will individually respond for any improper treatment, exempting CHECKLIST FÁCIL SISTEMA LTDA., As operator (processor) from liability, for any improper data processing or without legal basis.

These Terms do not transfer ownership or control of the data of the user, its affiliates, or their customers to CHECKLIST FÁCIL SISTEMA LTDA. The data generated, obtained, or collected from the provision of the services now contracted are the exclusive property of the user.

Computer programs, files, texts, icons, drawings, videos, sounds, brands, logos, layouts, templates, inserted in the software are protected by intellectual property rights of CHECKLIST FÁCIL SISTEMA LTDA. or third parties who authorized its use. As such, they are protected by international laws and treaties, and their copying, alteration, reproduction, or any other type of use is prohibited, and violators are subject to the corresponding civil and criminal sanctions, under the terms of Laws Nº 9.279 / 96, Nº.610 / 98 and Nº 9.609 / 98. Any violation of Intellectual Property rights may culminate, in addition to the incidence of legal responsibilities, in the summary block and without prior notice from the company, when nothing will be due to this.

The brands, trade names, logos, and distinctive signs displayed in the software are the industrial property of CHECKLIST FÁCIL SISTEMA LTDA. or third parties who authorized its use. Licensing to use the software does not give contractors the right to use these brands or other industrial property assets under penalty of violation of Law Nº. 9.279 / 96

The software may include links to third-party websites and applications. This does not imply, in any way, that CHECKLIST FÁCIL SISTEMA LTDA. endorses, verifies, guarantees, or has any connection with the owners of these sites or applications and is not responsible for their content.

CHECKLIST FÁCIL SISTEMA LTDA. provides a communication channel to answer questions or provide clarifications, by e-mail: privacidade@checklistfacil.com.

YOUR CONTENT IN OUR SERVICES

Our services allow you to submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold over that content. In short, what belongs to you remains with you.

You can find more information about how we use and store content in the Privacy Policy. If you submit comments or suggestions about our services, we may use your comments or suggestions without obligation to you.

HOW TO MODIFY AND CANCEL OUR SERVICES

We are constantly changing and improving our services. We may add or remove functionality or features and we may also suspend or terminate a service entirely.

You can stop using our services at any time, although we will be upset to see you go. CHECKLIST FÁCIL SISTEMA LTDA. you may also stop providing services to you, add or create new limits on our services at any time.

We believe that you are the owner of your data and that it is important to preserve your access to that information. If we discontinue a service, when possible, you will be informed with reasonable notice and given the chance to remove your information from that service.

OUR WARRANTIES AND DISCLAIMERS

We provide our services using a commercially reasonable level of capacity and care and we hope you will enjoy using them. But there are some things that we don’t promise about our services.

Except when expressly provided for in these terms or in additional terms, neither CHECKLIST FÁCIL SISTEMA LTDA. Nor its suppliers or distributors offer any guarantees regarding the services provided by the company. For example, we are not responsible for the content and quality of services, for specific features of the services, or for the reliability, availability or ability to meet your needs. We provide services “as is”.

Due to the maintenance and improvement of the system, some functions may be temporarily disabled, however, guaranteeing 99% availability of services based on the current month, as mentioned in the contract.

RESPONSIBILITY FOR OUR SERVICES

After electronic acceptance of these Terms of Use, CHECKLIST FÁCIL SISTEMA LTDA. it will make the access data available to companies, according to the terms now agreed, allowing access to all tools made available to users after the login is released.

We are committed to adopting adequate information security measures. The software provides technical controls for accessing the system, such as granting permission and restricting access to users, complex password policies, and user authentication by a unique ID. We adopt logical controls such as credential encryption and secure data transfer using TLS protocols. Also, the software has preventive controls, such as activities auditable by logging, and responsive controls, such as cloud backup.

CHECKLIST FÁCIL SISTEMA LTDA. guarantees that, during the term of use of the software by users, it will function regularly, according to the levels of availability established in its business rules, excluding the following cases:

Defect arising from software misuse, due to non-compliance with the precepts established by CHECKLIST FÁCIL SISTEMA LTDA., such as the lack of internet connection, the discharged battery or any other electronic device defect, hardware incompatibility, operating system, insufficient memory, etc;

If it is found that the system has been used or breached by unauthorized third parties, as well as problems arising from procedures not indicated in the technical manuals, such as hacking, cracking, crawler, mashups;

Problems arising from telephone service companies that provide signals for internet access, being considered as force majeure;

Due to equipment malfunction caused by a fall or unavailability of the server where the SMS Gateway and the e-mail service are hosted.

In any event of malfunction, unavailability, operational errors, processing failures, breaches of confidentiality, the sole fault of CHECKLIST FÁCIL SISTEMA LTDA., The company’s liability for any losses and damages eventually caused is limited to the value of the contract, in compliance with the principles of contractual balance and fair allocation of risks.

ABOUT THESE TERMS

We may modify these terms or any additional terms that apply to a service to, for example, reflect changes in the law or changes in our services. You should check the terms regularly. We will post notices of changes to these terms on this page. We will post a notice of change regarding additional terms within the applicable service. The changes will not be applied retroactively and will take effect at least five days after their publication. However, changes regarding new features of a service or changes made for legal reasons will take effect immediately. If you do not agree with the changed terms for a service, you should discontinue its use.

These terms govern the relationship between CHECKLIST FÁCIL SISTEMA LTDA. is that you. They do not create any rights for third parties.

If you do not comply with these terms and we do not take immediate action, it does not mean that we are waiving any rights that we may have (such as taking future action).

If a specific condition in these terms is not enforceable, it will not affect any other terms.

You agree to apply the laws of Brazil to any disputes arising out of or related to these terms or services. In other cases, all claims arising out of or related to these terms of services will be litigated exclusively in the courts of the District of São Paulo, State of São Paulo, you, and CHECKLIST FÁCIL SISTEMA LTDA. authorize personal jurisdiction in those courts.

To contact CHECKLIST FÁCIL SISTEMA LTDA., please send an email to marketing@checklistfacil.com.